The Tampa Bay region has been devastated by recent hurricanes Helene and Milton. The damage has left many members of our community overwhelmed. Many of Neal & Solevilla Personal Injury Lawyers’ neighbors suffered damage to their homes, businesses and vehicles from debris and flooding. If your vehicle has been affected by a hurricane, it’s important to take the right steps to address the damage and protect your financial and legal interests.
The first and most crucial thing to prioritize in the aftermath of a hurricane is your safety. Once the storm has passed and local authorities have confirmed that it’s safe to go outside, you can begin assessing the damage. However, take caution, as roads may still be flooded or obstructed by downed power lines and debris. Avoid these hazards as you make your way to inspect your vehicle and remember, NEVER DRIVE THROUGH FLOOD WATERS!
When you approach your car, take a close look at the extent of the damage. Documenting this thoroughly is one of the most important things you can do at this stage. Use your phone or a camera to take multiple photos from different angles, capturing the condition of your vehicle. Whether your car has been submerged in water, damaged by flying debris, or struck by falling trees, clear photographic evidence will be critical when you begin the insurance claim process.
Will my Florida auto insurance cover hurricane damage to my vehicle?
Whether your Florida auto insurance policy will cover the damage to your car, truck or SUV from falling or flying debris or flood waters depends on the type of insurance coverage you have elected to carry. It is time to review your policy! If a printed copy of your auto insurance declarations page isn’t accessible, you will be able to obtain a copy of the policy declarations page by calling your auto insurance copy, logging into your insurance company’s website or by utilizing the insurance carrier’s app. In Florida, the only insurance coverage that is legally required to register your vehicle is Personal Injury Protection (PIP) and Property Damage Liability (PD). PIP assists with medical bills after an accident. Property Damage Liability coverage pays for damage to another person’s property if you or someone else driving your vehicle is at fault for an accident. Unfortunately, neither PIP nor PD will pay for the damage to your vehicle after a natural disaster.
On your policy declarations page, look for optional coverage listed as Comprehensive Insurance. Comprehensive Insurance is the type of insurance coverage for your automobile that protects you financially if your vehicle is damaged somehow other than a car crash. Comprehensive Insurance covers things like fire, riots, vandalism, theft, falling objects (like tree branches), broken windshields, damage caused by animals and natural disasters (like hurricanes and tornados). Comprehensive coverage is different than collision car insurance. Collision car insurance covers damage from a car crash.
However, it’s essential to familiarize yourself with the details of your specific plan like knowing whether you have a deductible.
Am I responsible for my deductible?
Once you determine, hopefully, that you have Comprehensive Insurance coverage on your automobile policy, you should familiarize yourself with the details of your policy, like whether you have a deductible. A deductible is a form of risk-sharing and consumers frequently elect to have a deductible on their policy to reduce their insurance premiums. A deductible is a relatively small portion of the financial burden that the insurance claimant agrees to pay before the auto insurance company contributes. For example, if the cost to repair your car, SUV or truck is $8,000 and you have a $1,000 deductible, the insurance company will pay $7,000 towards the repairs and you would be responsible for the first $1,000. Another example with a $1,000 deductible would be if your vehicle was a total loss and the total loss value of the vehicle was $25,000, the insurance company would pay $24,000.
What happens if I do not have Comprehensive Insurance coverage?
Unfortunately, if you chose to not purchase Comprehensive Insurance coverage, you are mostly likely out of luck obtaining payment from your auto insurance company and will have to pay for the repairs out of pocket. Some things to consider, if your vehicle is a total loss, contact local salvage yards and inquire about selling the salvaged remains of your vehicle to the salvage company. You may also be eligible for assistance from the Federal Emergency Management Agency (FEMA) or other non-profit organizations.
How should I start the process with my insurance company?
When speaking with your insurance company, be prepared to provide them with the details of the damage and submit the photos you’ve taken. Depending on the severity of the damage, they may send an adjuster to inspect the vehicle. While you’re waiting for the inspection or the claim to be processed, you may want to explore whether your policy includes rental car coverage. Many comprehensive plans provide a rental car while your vehicle is being repaired, so check your policy for this option if you need temporary transportation.
What is a hurricane Claims Center?
Each insurance company has a unique process for appraising claims after a catastrophic event, like a hurricane. Some insurance companies will send field representatives to the impacted areas to set up Claim Centers. At those Claim Centers, depending on the company, you may be able to report your claim, have your vehicle appraised to determine whether it is repairable or a total loss and then walk away with a property damage payment. The easiest way to determine if there are Claim Centers available in your area would be to call your auto insurance company or check their website for that information.
Can my car be repaired?
If your insurance company has not set up a Claim Center, your next step would be to call your insurance carrier or submit a claim via their website. After submitting your claim to the insurance company, a property damage adjuster will likely be assigned to your claim. That adjuster will be responsible for ensuring an appraisal of the damage is completed. Some insurance companies send an appraiser to evaluate the flooded or damaged vehicle in person. Some insurance companies rely on photos submitted through an online portal or app for their appraisal process.
The appraisal process is used to determine whether your car can be repaired or whether it is a total loss. According to Section 319.30(3)(a)1.b., Florida Statute , a motor vehicle or mobile home is a “total loss” when an insurance company pays the motor vehicle owner to replace the wrecked or damaged motor vehicle with one of like kind and quality or when an insurance company pays the owner upon the theft of the motor vehicle or mobile home. If the estimated costs of repairing the physical and mechanical damage to the vehicle is equal to 80% or more of the current retail cost of the vehicle, the vehicle is considered a total loss. If the vehicle is a total loss, the adjuster will present you with a total loss evaluation determining the value of the car, truck or SUV. Make sure to review the appraisal for accuracy. If your car has leather seats, confirm the appraisal lists leather seats. If you have after-market upgrades to your vehicle, communicate those to the adjuster. They may require documentation like receipts for consideration in the total loss value of your vehicle. After the value of your vehicle has been determined, the insurance company will issue payment to their insured in return for the title signed over to the insurance company. If your title has been lost or damaged as a result of the storm, your adjuster can work with you to handle that challenge.
If the cost of repairs is less than 80% of the value of the vehicle, the vehicle can be moved to a collision center for repairs. It is always important to ask the adjuster assigned to the claim if there are shops where the insurance carrier guarantees the repairs and how long the repairs are guaranteed.
I still have an outstanding loan on the car, how does that work?
If your vehicle is determined to be a total loss and you still owe money on the car, the insurance adjuster will determine the payoff amount from your lienholder. The lienholder will receive payment to satisfy the car loan and you will receive a check for the remaining balance. If you owe more on the vehicle than the total loss value of the vehicle, check with your lienholder or auto insurance company to determine whether you purchased the optional GAP coverage to assist with this circumstance. Gap insurance, or Guaranteed Asset Protection (GAP), covers the difference between what you owe on your car loan or lease and the actual value of your car if it’s stolen or totaled. Gap insurance is optional, but many lenders and lessors require it as a condition of the loan or lease. It’s often offered by dealers when you buy or lease a car. At Neal & Solevilla, we recommend purchasing GAP coverage whenever you purchase a new vehicle.
What is a salvaged title?
As explained above, Florida follows the 80% rule which is that a car is deemed a total loss if the cost to repair the vehicle is at or more than 80% of the actual cash value of the vehicle before the accident. Florida Statutes, Chapter 319 governs the total loss of a car. If a vehicle is deemed a total loss and the insurance company issues payment, they are required to report the vehicle as a salvage to FHSMV. It is possible for an insured to retain their salvaged vehicle; but they will be issued a salvaged title and it cannot be registered or driven on Florida roads legally.
While it is difficult, it is possible to rebuild a salvaged vehicle and obtain a rebuilt title in Florida. The process includes repairing the vehicle, paying fees and taxes, submitting an application, passing an inspection and applying for a rebuilt title at the tax collector’s office. It is a complicated process and a great subject for another blog!
What if I need transportation while the claim is being processed?
Rental car coverage is an addition to the standard auto insurance policy. If you purchased this additional coverage, your insurance company will provide you with a rental car during this process. Review your policy for particulars about how long and what type of vehicle you may be entitled to.
Navigating the aftermath of a hurricane can be daunting, especially when dealing with vehicle damage and insurance claims. At Neal and Solevilla, we’re here to support you through this difficult time. If you’re struggling with the claims process or need legal assistance to ensure you receive the compensation you deserve, don’t hesitate to contact us. Our experienced team is ready to help you every step of the way.
Neal & Solevilla Personal Injury Lawyers- October 2024
